September 1, 2015

Exemption No. 12696

Regulatory Docket No. FAA−2015−2262

Mr. Richard Fisher

President

Precision Midwest, LTD

3 South 140 Barkley Avenue

Warrenville, IL 60555

Dear Mr. Fisher:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letters dated May 26 and July 20, 2015 you petitioned the Federal Aviation 

Administration (FAA) on behalf of Precision Midwest, LTD (hereinafter petitioner or 

operator) for an exemption. The petitioner requested to operate an unmanned aircraft system 

(UAS) to conduct aerial surveys and perform aerial data collection for agriculture and

mining.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner are the Trimble UX5 and Trimble UX5 HP.

In accordance with the statutory criteria provided in Section 333 of Public Law 112−95 in 

reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited 
2

operating area associated with the aircraft and its operation, the Secretary of Transportation 

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA 

finds that relief from 14 CFR part 21, Certification procedures for products and parts, 

Subpart H—Airworthiness Certificates, and any associated noise certification and testing 

requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Precision Midwest, LTD is granted an exemption from 

14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 

91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to 

the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. 

This exemption is subject to the conditions and limitations listed below.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
3

Conditions and Limitations

In this grant of exemption, Precision Midwest, LTD is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the Trimble UX5 and 

Trimble UX5 HP when weighing less than 55 pounds including payload. Proposed 

operations of any other aircraft will require a new petition or a petition to amend this 

exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 
4

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.
5

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.
6

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.
7

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
8

This exemption terminates on September 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
PRECISION`,MIDWEST 

26 May 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Application for Issuance of Section 333 Exemption Based upon 

Exemption 11110 Issued to Trimble Navigation Ltd. 

Dear Sir or Madam, 

Precision Midwest, Ltd, ("PMW") herewith applies for the issuance of an exemption 

under Section 333 of the FAA Modernization and Reform Act of 2012 based upon 

Exemption 11110 issued to Trimble Navigation Ltd. ("Trimble") on December 10, 2014 in 

FAA Docket 2014-0367. The requested exemption would allow PMW to operate the 

UX5 aircraft manufactured by Trimble or other Trimble aircraft approved for commercial 

operations under Exemption 11110, as amended, such as the UX5hp for which an 

amendment has been filed. PMW notes that the FAA recently authorized use of the 

Trimble UX5 by a third party in Exemption No. 11257, Regulatory Docket No. FAA2014-0889, on April 2, 2015, under updated conditions, and PMW hereby confirms that 

it will accept such conditions as well as those set forth in Exemption No. 11240, 

Regulatory Docket No. FAA-2014-0894. 

The name and contact information for the applicant are: 

Richard Fisher, President 

Precision Midwest, Ltd 

3S 140 Barkley Avenue 

Warrenville, Illinois 60555 

Phone: (630) 836-1000 

email: richard_fisher@precisionmidwest.com 

PMW intends to operate the UX5 or the UX5hp from Trimble and will operate it in strict 

compliance with the conditions set forth in Exemption 11110, as such conditions may be 

amended or modified by the FAA from time to time, as was done in Exemption Nos. 

11240 and 11257, or such other conditions as the FAA shall specify, and the following 

manuals: 

1) Trimble UX5 Data Sheet; and 

2) Trimble UX5 Aerial Imaging Solution User Guide (User Guide) 

Copies of these manuals are attached. 

These manuals are very similar to the manuals submitted by Trimble in support of the 

issuance of Exemption 11110, updated to reflect changes reported in Trimble's 

March 4, 2015 amendment to Exemption 11110. The manuals will be updated by 
U.S. Department of Transportation 

26 May 2015 

Page 2 

Trimble, as needed to reflect any changes to Exemption 11110, based on amendments 

thereto. 

PMW acknowledges that under current FAA guidance a separate Certificate of Waiver 

or Authorization ("COA") is required to fly at altitudes in excess of 200 feet AGL, and it 

will apply for COAs where required. PMW hereby requests a blanket COA for flights up 

to 200 feet AGL in the form approved by the FAA. PMW will also file NOTAMs for its 

flights, as required. 

To the extent necessary, PMW refers the FAA to the original exemption and the 

amended exemption requests submitted by Trimble in Docket FAA-2014-0367 for 

demonstration of the public interest and an equivalent level of safety. Because the UX5 

and the UX5hp specified in this request are the same or, essentially the same, as the 

craft already approved in Exemption 11110, and PMW will operate the aircraft in strict 

compliance with the conditions in existing exemptions previously granted by the FAA, or 

as they may be amended, notice need not be provided in the Federal Register nor 

public comment solicited.' 

If you have any questions, please contact the undersigned. 

Verytruly yours, 

Richard Fisher, President 

Precision Midwest, Ltd. 

3S 140 Barkley Avenue 

Warrenville, Illinois 60555 

Enclosure 

1 Applicant reads Section 333 as placing the duty on the Administrator not only to process 

applications for exemptions under Section 333 but, if he determines that the conditions set forth herein do 

not fulfill the statutory requirements for approval, to craft conditions for the safe operation of the UAS. 
3S140 Barkley Avenue Warrenville, Illinois 60555

Phone (630) 836-1000 Fax (630) 836-8850

July 20, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Existing Docket ID: FAA-2015-2262 Addendum: Summary Processing: Exemption 

Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations Based Upon Exemption 11110A Issued to Trimble Navigation Limited

Dear Sir or Madam:

PRECISION MIDWEST, LTD (“Applicant”) herewith applies for the issuance of an 

exemption under Section 333 of the FAA Modernization and Reform Act of 2012 (“Reform Act”) 

based upon Exemption 11110 issued to Trimble Navigation Limited (“Trimble”) on December 10, 

2014, as amended on May 7, 2015 with issuance of Exemption 11110A in FAA Docket 2014-

0367.

The requested exemption would allow Applicant to operate the Trimble UX5 and Trimble 

UX5 HP aircraft manufactured by Trimble Navigation, or other Trimble aircraft approved for 

commercial operations under Exemptions 11110 and 11110A, as they may be amended in the 

future. Applicant notes that, in granted Exemption 11666 dated May 22, 2015, the FAA 

authorized use of the Trimble UX5 by a third party company under conditions like those in 

Exemption 11110A.1 Applicant hereby confirms that it will accept the conditions in Exemptions 

11110A and 11666.

Applicant aircraft will be used to conduct aerial surveys and perform aerial data 

collection for agriculture, mining, and other purposes, but not for closed set filming (hereinafter 

“the Purpose”). Applicant hereby applies for an exemption from the listed Federal Aviation 

Regulations (“FARs”) to allow commercial operation of its small unmanned aerial vehicles 

(“sUAVs”), so long as such operations are conducted within and under the conditions outlined 

herein or as may be established by the FAA in an exemption granted under either Section 333 

or Section 49 U.S.C. §44701(f).

As this exemption request is identical to the already issued precedent, this request

should qualify for summary processing as the FAA has already provided public notice of and 

granted similar exemptions. The FAA has issued exemptions in circumstances similar in all 

material respects to those presented in this petition. In numerous exemptions, the FAA has 

found that the enhanced safety achieved using an unmanned aircraft (“UA”) with the 

specifications described by the petitioners and carrying no passengers or crew, when compared 

 

1

Exemption No. 11666 to AeroView Services LLC (see Docket No. FAA-2015-0630).
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FAA Docket No. FAA-2015-2262

to flights of much larger manned aircraft that carry crew in addition to flammable fuel, gives the 

FAA good cause to find that the sUAV operation enabled by the exemptions serves the public 

interest.2In those cases, use of the proposed sUAV not only enhanced safety but also fulfilled

the Secretary of Transportation’s (the FAA Administrator’s) responsibility to “. . . establish 

requirements for the safe operation of such aircraft systems in the national airspace system.” 

Section 333(c) of the Reform Act.

The name and address of the applicant is:

Richard Fisher, President

3 S 140 Barkley Avenue

Warrenville, IL 60555

PH: (630) 836-1000 ext 231

email: richard_fisher@precisionmidwest.com

Regulations from which the exemption is requested:

14 C.F.R. 61.23(a) and (c)

14 C.F.R. 61.101(e)(4) and (5)

14.C.F.R. 61.113(a)

14 C.F.R. 61.315(a)

14 C.F.R. 91.7(a)

14 C.F.R. 91.119(c)

14 C.F.R. 91.121

14 C.F.R. 91.151(a)(1)

14 C.F.R. 91.405(a)

14 C.F.R. 91.407(a)(1)

14 C.F.R. 91.409(a)(1) and (2)

14 C.F.R. 91.417(a) and (b)

This exemption application is expressly submitted to fulfill Congress’ goal in passing 

Sections 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation 

to consider whether certain unmanned aircraft systems may operate safely in the national 

airspace system (NAS) before completion of the rulemaking required under Section 332 of the 

Reform Act. In making this determination, the Secretary is required to determine which types of 

sUAVs do not create a hazard to users of the NAS or the public or pose a threat to national 

security in light of the following:

 The sUAV’s size, weight, speed, and operational capability;

 Operation of the sUAV in close proximity to airports and populated areas; and

 Operation of the sUAV within visual line of sight of the operator.

 

2

Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352),11109 to Clayco, 

Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see Docket No. FAA−2014−0382), 

and 11213 to Aeryon Labs, Inc. (see Docket No. FAA−2014−0642).
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FAA Docket No. FAA-2015-2262

Reform Act § 333(a). Lastly, if the Secretary determines that such vehicles “may operate safely 

in the national airspace system, the Secretary shall establish requirements for the safe 

operation of such aircraft in the national airspace system.” Id. § 333(c) (emphasis added).

3

The Federal Aviation Act, in addition to the authority granted by Section 333 of Reform 

Act, expressly grants the FAA the authority to issue exemptions. This statutory authority by its 

terms includes exempting civil aircraft, as the term is defined under § 40101 of the Act, from the 

requirement that all civil aircraft, which includes sUAVs, must have a current airworthiness 

certificate.4

The sUAVs that Applicant proposes to use are fixed wing Trimble UX5 and UX5 HP, 

each aircraft weigh less than 55 lbs, including payload. They operate, under normal conditions, 

at a speed of no more than 87 knots. They will operate at altitudes of no more than 400 feet

above ground level, as further explained, and only within line of sight. They will operate as set 

forth in the confidential manuals attached hereto and made a part hereof (Exhibits 1 and 2).

5

 

Operations in compliance with these manuals will ensure that the sUAV will “not create a hazard 

to users of the national airspace system or the public”6and that the aircraft will operate in 

compliance with the conditions set forth in this application.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY/NATIONAL SECURITY

The Applicant states that operating in compliance with the conditions set forth in 

Exemption 11666 and 11110A will provide an equivalent level of safety for the operation of the 

UX5 and UX5 HP. Approval of exemptions allowing commercial operations of sUAVs for aerial 

data collection will enhance safety by reducing risk. Conventional operations, using jet or piston 

power aircraft, operate at extremely low altitudes just feet from the subject being photographed 

and in extreme proximity to people and structures and present the risks associated with vehicles 

that weigh in the neighborhood of 6,000 lbs., carrying large amounts of jet A or other fuel (140 

gallons for jet helicopters). Such aircraft must fly to and from the project location. In contrast, a 

sUAV weighing fewer than 55 lbs. and powered by batteries eliminates virtually all of that risk 

given the reduced mass and lack of combustible fuel carried on board. The sUAV is carried to 

the target area and not flown. The sUAV will carry no passengers or crew and, therefore, will 

 

3 Applicant interprets this provision to place the duty on the Administrator to not only 

process applications for exemptions under section 333, but for the Administrator to craft 

conditions for the safe operation of the sUAV, if it should be determined that the conditions set 

forth herein do not fulfill the statutory requirements for approval.

4

“The Administrator may grant an exemption from a requirement of a regulation 

prescribed under subsection (a) or (b) of this section or any sections 44702-44716 of the 

Transportation Act if the Administrator finds the exemption in the public interest.” 49 U.S.C. 

§44701(f). See also 49 U.S.C. § 44711(a); 49 U.S.C. § 44704; 14 C.F.R. § 91.203(a)(1).

5 Applicant has marked the manuals “CONFIDENTIAL” and separately submitted them. 

Applicant requests that these manuals be maintained in confidence and not be placed in the 

public docket or otherwise disclosed to the public. As the information contained in the manuals 

includes trade secrets and commercial information that is confidential and not made available to 

the public, it is exempt from disclosure under the Freedom of Information Act, 5. U.S.C. § 552(b) 

and 14 C.F.R. Part 11. Should the FAA receive a request for access to these manuals, 

Applicant requests notification of such request prior to any action being taken by the FAA, as it 

may relate to the request.

6 Section 333(b) of the Reform Act.
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FAA Docket No. FAA-2015-2262

not expose them to the risks associated with manned aircraft flights. These lightweight aircraft 

operate at slow speeds, close to the ground, and in areas that are under the control of the

operator and, as a result, are far safer than conventional operations conducted with larger 

manned aircraft operating in close proximity to the ground and people.

Given the small size of the sUAVs involved and the restricted environment within which 

they will operate, Applicant falls squarely within that zone of safety (an equivalent level of 

safety) in which Congress envisioned that the FAA must, by exemption, allow commercial 

operations of sUAVs to commence immediately. Also, due to the size of the sUAVs, the 

restricted areas in which they will operate, and the fact that they will be flown by pilots holding at 

least an FAA sport or recreational pilot license, approval of the application presents no national 

security issue.

PUBLIC INTEREST

The FAA has granted exemptions to the regulations listed on page 2 in the exemptions 

cited above. As discussed in detail for each of these regulations in the attached Appendix A, 

the public interest will be served by an exemption because, with respect to each, operation in 

compliance with the requested conditions will ensure an equivalent level of safety. As also 

explained at length in Trimble’s original Section 333 exemption request submitted on May 30, 

2014, the grant of the requested exemption is in the public interest given the clear direction in 

Section 333 of the Reform Act; the authority included in the Federal Aviation Act, as amended; 

the strong equivalent level of safety surrounding the proposed operations; and the significant 

public benefit derived from, among other things, the enhanced safety and reduced 

environmental impact, including the reduced emissions associated with allowing battery 

powered sUAVs instead of turbine or gas powered aircraft.

*********

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the 

Federal Register, should it be determined that publication is needed:

Applicant seeks an exemption from the following rules:

14 C.F.R. §§61.23(a) and (c ), 61.101(e )(4) and (5), 61.113(a), 61.315(a), 91.7(a), 

91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.405(a)(1), 91.409(a)(1) and (2), and 91.417(a) 

and (b) to operate commercially a small unmanned vehicle (55 lbs. or less) in motion picture 

and television operations and aerial data collection.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 – size, 

weight, speed, operating capabilities, proximity to airports and populated areas and operation 

within visual line of sight and national security – provide more than adequate justification for the 

grant of the requested exemption allowing commercial operation of applicant’s sUAV for the 

Purpose outlined herein and are consistent with exemptions already granted, including 

Exemption 1110A. Accordingly, the applicant respectfully requests that the FAA grant the 

requested exemption without delay.

Very truly yours,

Richard Fisher- President
Page 5

FAA Docket No. FAA-2015-2262

APPENDIX A

14 C.F.R. § 61.23(a) and (c): Medical Certificates: Requirement and Duration

Sections 61.23(a) and (c) address the requirement of medical certificates for pilots. 

Section 61.23(a) requires a person exercising the privileges of a recreational pilot to hold at 

least a third class medical certificate. Section 61.23(c) permits the holder of a sport pilot 

certificate to act as PIC of a light-sport aircraft with either a medical certificate or U.S. issued 

driver’s license. Light-sport aircraft may weigh up to 1,430 pounds and seat up to two persons, 

including the pilot. Comparatively, the Trimble craft will weigh fewer than 55 pounds, and it will 

not carry pilots, passengers, or cargo. The UX5/UX5 HP sUAV will also be operated within 

visual line of sight of the PIC and below 400 feet above ground level and limited to operations 

with permission over private or controlled-access property. 

Given these safety parameters, Applicant requests that the FAA waive Section 61.23(a) 

upon a finding that an equivalent level of safety will be provided by allowing operation of the 

Trimble craft by pilots with a recreational or sport pilot certificate and a valid U.S. state issued 

driver’s license, in lieu of an FAA-issued medical certificate. Applicant also requests that the 

FAA grant relief from Section 61.23(c) to allow sport pilot certificate holders to operate aircraft 

other than light-sport aircraft with a valid U.S. issued driver’s license. The FAA has granted 

exemptions to conduct similar operations in a number of cases, including Exemption 11213.

14 C.F.R. Part 61: Private Pilot Privileges and Limitations: Pilot in Command

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. 

Section 61.315(a) addresses the privileges and limitations of the holder of a sport pilot 

certificate.

Because the sUAV will not carry a pilot or passengers, the proposed operations can 

achieve the equivalent level of safety of current operations by requiring the PIC operating the 

aircraft to hold a certificate issued by the FAA authorizing operation of any aircraft (ATP, 

Commercial, Private, Recreational or Sport). Unlike a conventional aircraft that carries the pilot 

and passengers, the sUAV is remotely controlled with no living thing on board. The area of 

operation is controlled and restricted, and all flights are planned and coordinated in advance as 

set forth in the manual. The level of safety provided by the requirements included in the 

manuals exceeds that provided by a single individual holding a commercial pilot’s certificate 

operating a conventional aircraft. The risks associated with the operation of the sUAV are so 

diminished from the level of risk associated with commercial operations contemplated by Part 

61 when drafted, that allowing operations of the sUAV as requested with any certificate issued 

by the FAA as the PIC greatly exceeds the present level of safety achieved by 14 C.F.R. Part 

61. The FAA has granted exemptions for private and sport or recreational pilots to conduct 

similar operations in Exemptions 11062, 11213, 11360 and 11666.

14 C.F.R. § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 

91.119(c) limits aircraft flying over areas other than congested areas to an altitude of 500 feet 

above the surface, except over open water or sparsely populated areas. In those cases, the 

aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.
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As set forth herein, the Trimble craft will never operate at higher than 400 feet AGL. 

They will, however, be operated to avoid congested or populated areas that are depicted in 

yellow on VFR sectional charts. Because aerial survey work must be accomplished at relatively 

low altitudes and at altitudes less than 400 feet AGL, an exemption from Section 91.119(c) is 

needed.

The equivalent level of safety will be achieved given the size, weight, speed, and 

material with which the Trimble craft are built. Also, no flight will be taken without the 

permission of the landowner or those who control the land. Because of the advance notice to 

the landowner, all affected individuals will be aware of the survey flights. Compared to aerial 

survey operations conducted with aircraft or rotorcraft weighing far more than the Trimble craft 

and carrying flammable fuel, any risk associated with these operations will be far less than 

those currently allowed with conventional aircraft operating at or below the same altitude. 

Indeed, the low-altitude operations of the sUAV will maintain separation between these sUAV 

operations and the operations of conventional aircraft that must comply with Section 91.119. 

The FAA has granted exemptions to conduct similar operations in Exemptions 11062, 11213, 

11360 and 11447.

14 C.F.R. § 91.121: Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate 

altimeter setting available before departure.” As each sUAV model in at least one operating 

mode will not have a barometric altimeter, but instead a GPS altitude read out, an exemption 

will be needed. An equivalent level of safety will be achieved by the operator, pursuant to the 

manuals, confirming the altitude of the launch site shown on the GPS altitude indicator before 

flight. The FAA has granted exemptions to conduct similar operations in Exemptions 11062, 

11213, 11360 and 11447.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under 

VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel 

to fly to the first point of intended landing, and, assuming normal cruising speed – (1) During the 

day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 

minutes.” 

The battery powering the sUAV limits the duration of a flight. To meet the 30-minute 

reserve requirement in 14 C.F.R. § 91.151, sUAV flights would be severely limited, in some 

cases to approximately 10 minutes in length. Given the limitations on the sUAV’s proposed 

flight area and the location of its proposed operations within a predetermined area, a longer time 

frame for flight in daylight or night VFR conditions is reasonable.

Applicant believes that an exemption from 14 C.F.R. § 91.151(a) falls within the scope of 

prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate 

without compliance with FAR 91.151 (a)). Operating the sUAV, in a tightly controlled area 

where only people and property owners or official representatives who have signed waivers will 

be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that 

Section 91.151(a) was intended to alleviate given the size and speed of the sUAV.
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Applicant believes that an equivalent level of safety can be achieved by limiting flights to 

five minutes of reserve time on the batteries. This restriction would be more than adequate to 

return the sUAV to its planned landing zone from anywhere in its limited operating area. Similar 

exemptions have been granted to other operations in Exemptions 2689F, 5745, 10673, 10808 

and Exemptions 11062, 11213, 11360, 11447 and 11666.

14 C.F.R. Part 91: Maintenance Inspections

Section 91.405(a) requires that an aircraft operator or owner “shall have that aircraft 

inspected as prescribed in subpart E of this part and shall between required inspections, except 

as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in 

part 43 of this chapter . . . .” Section 91.407 similarly makes reference to requirements in 

Part 43; Section 91.409(a)(2) requires an annual inspection for the issuance of an airworthiness 

certificate. Section 91.417(a) requires the owner or operator to keep records showing certain 

maintenance work that has been accomplished by certificated mechanics, under Part 43, or 

licensed pilots and records of approval of the aircraft for return to service.

Given that these sections and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to the applicant. Maintenance will be accomplished by 

the operator pursuant to the manuals. An equivalent level of safety will be achieved because 

these sUAVs are very limited in size and will carry a small payload and operate only in areas for 

limited periods of time. If mechanical issues arise, the sUAV can land immediately since it will 

be operating from no higher than 400 feet AGL. As provided in the manuals, the operator will 

ensure that the sUAV is in working order prior to initiating flight, perform required maintenance, 

and keep a log of any maintenance performed. Moreover, the operator is the person most 

familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition in order 

to provide the equivalent level of safety. The FAA has granted exemptions for similar operations 

in Exemptions 11062, 11213, 11360, 11447 and 11666.
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Exhibit 1

Precision Midwest UAS Field Operations Protocol

Precision Midwest's ("PMW") field sUAS operational procedures and conduct are listed 

below in order to meet the goal of operating at the highest safety levels:

1. Field operations will be comprised of a 2-person UAS team, the Pilot-In-Command, and 

forward observer who will act as a field safety technician.

2. PMW staff will refrain from using, or operating, mobile phones and other distraction 

devices during pre-flight, in-flight, and post-flight aircraft checks until the aircraft is 

recovered and deemed "disarmed" for the auto-pilot system. The only exception would 

be if there is an emergency in the field during flight that would require the immediate use 

of mobile phones, as required by the situation.

3. When possible, all mission planning will be done before the UAS crew arrives on site, in 

addition, potential site obstructions will be researched to prevent any in-air collisions with 

other tall objects, ie towers, stacks, etc. A project site COA document will be confirmed 

and the flight crew will have a hardcopy of this document in the field for visual inspection, 

if requested.

4. As part of pre-flight, the PMW field crew will fully inspect all UAS equipment items, 

including aircraft, batteries, controller and communication link device to ensure all items 

are in good working order without any damage or missing parts that could pose a 

potential in-flight safety issue. Items found to be damaged will be marked accordingly 

for replacement or repair and a backup item will be used accordingly.

5. Additionally, as part of pre-flight the site to be aerial mapped will be checked visually to 

confirm no new obstacles have been placed that would potentially pose a safety risk for 

the planned take-off and landing zone areas. Both the landing zone and take-off areas 

will be physically marked in person use the included GPS-enabled tablet controller to 

confirm and mark locations for safe UAS take-off and landing. A secondary landingzone, or backup, will be also marked in a separate area before UAS launch to offer an 

emergency backup landing location if the primary landing zone is deemed unsafe during 

flight and the P.I.C. can switch to the backup landing location.

6. A simulated flight will be performed in the field as part of pre-flight in order to confirm the 

proper flight line entry and flight path of the sUAV will not interfere with any avoidance 

zones entered into the flight planning software. The P.I.C. will confirm the landing zone 

glide paths for both landing zones are clear and meet minimum clearance 

recommendations by Trimble for width, length and obstacle clearance height in the glide 

path.

7. The Trimble Access Aerial Imaging field controller software includes a complete step-bystep preflight checklist which will be read aloud by the P.I.C. and performed by the field 

observer, and confirmed by the P.I.C. before proceeding to the next step.

a. Please refer to attached PDF "Aerial Imaging User Guide Ver2.0", Chapters 3 

and 4, which detail the steps followed for equipment safety checks and pre and 

post-flight detailed checklists.

8. During flight, the P.I.C. will use the tablet controller to observe aircraft progress, 

communication and power status and be aware of any potential objects that enter the 
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FAA Docket No. FAA-2015-2262

flight block area. A 2-way radio may be in use to communicate with the forward 

observer, as needed, or with local ATC, or local airspace in order to communicate as 

needed with other pilots in the area to ensure safety for everyone.

9. The forward observer will visually track the sUAV from take-off to landing and inform the 

P.I.C. of any safety concerns or flight plan deviations they observe. If deemed 

necessary the P.I.C. has ability to divert the sUAV in-flight to alternate locations to hold, 

climb, or descend to ensure clearance and safety. In an emergency situation the P.I.C. 

has the ability to abort the flight and the sUAV will immediately spiral down to the ground 

to clear the airspace quickly.

10. As part of post-flight both P.I.C. and forward observer will first visually inspect the sUAV 

and confirm it has been successfully "disarmed" by the P.I.C. before removing it from the 

landing zone to ensure the autopilot and electric motor have been fully disengaged.

11. Trimble Access Aerial Imaging field software on the control tablet also includes a postflight routine checklist to download all flight logs, aerial images and remove power supply 

from the aircraft completely. Both P.I.C. and forward observer will jointly complete the 

post-flight routine and verbally confirm each step.

12. Items that have have been damaged during the landing will be documented, removed 

and replaced, or serviced, before the next flight will occur.

13. A sUAV log book will be part of the PMW kit for flight log tracking, service tracking and 

record the P.I.C. and forward observer for each flight.

14. The manufacturer guidelines for replacing the complete sUAV body, or wing, will be 

adhered to, which is typically after 100-200 landings for the UX5 and UX5 HP wing 

bodies. The eBox will be transferred to the new wing, and pre-flight testing will confirm 

full and proper functionality of the new wing prior to launch.

15. At least annually, PMW UAS flight crew personnel will go through recursive safety and 

software training to ensure crews understand new software workflows and proper safety 

procedures are followed at all times.

All Pilot-In-Command PMW staff will hold a FAA Sport's pilot, or Private Pilot, license as well as will have 

successfully completed the four (4) day Trimble Certified UX5 Remote Operator Pilot training program.

Exhibit 2: 

Please refer to attached PDF "UX5 Maintenance Guide Feb 2015" which details how to properly service 

and replace parts of the UX5 and UX5 HP which are needed

Exhibit 3: 

Please refer to attached PDF " Aerial Imaging User Guide Ver2.0" which details how to properly setup

and execute a safe and proper aerial flight mission. Sample screen shots and equipment pictures are

included as visual references for the P.I.C. and forward observer staff to ensure they clearly understand

how to carry out the instructions, as directed by the manufacturer.

End of document